{"data":{"id":"us-ar/ark.-code-ann.-5-13-202","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-13-202","heading":"Battery in the second degree","body":"(a) A person commits battery in the second degree if: (1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person; (2) With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm; (3) The person recklessly causes serious physical injury to another person: (A) By means of a deadly weapon; (B) While operating or in actual physical control of a motor vehicle or motorboat if at the time: (i) The person is intoxicated; or (ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or (C) Who is four (4) years of age or younger; or (4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be: (A) (i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty. (ii) As used in this subdivision (a)(4)(A): (a) (1) \"Code enforcement officer\" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) \"Code enforcement officer\" includes a municipal animal control officer; and (b) \"Employee of a correctional facility\" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services; (B) A teacher or other school employee while acting in the course of employment; (C) An individual sixty (60) years of age or older or twelve (12) years of age or younger; (D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty; (E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training: (i) A physician; (ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202 ; (iii) A licensed or certified healthcare professional; or (iv) Any other healthcare provider; or (F) An individual who is incompetent, as defined in § 5-25-101 . (b) (1) Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C felony. (2) Otherwise, battery in the second degree is a Class D felony. (c) As used in this section, \"motorboat\" means the same as defined in § 5-65-102 . Amended by Act 2021, No. 512,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 783,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 667, eff. 7/1/2019. Amended by Act 2017, No. 333,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 104,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 104,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 429,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 1602; 1981, No. 877, § 1; 1983, No. 12, § 1; A.S.A. 1947, § 41-1602; Acts 1995, No. 1173, § 1; 1995, No. 1305, § 2; 1995, No. 1338, § 1; 1997, No. 207, § 1; 1997, No. 878, § 1; 1999, No. 389, § 1; 2003, No. 66, § 1; 2007, No. 827, § 27; 2009, No. 344, § 1; 2009, No. 689, § 1; 2011, No. 1120, § 6; 2011, No. 1168, § 1.\n/22/2015. Amended by Act 2013, No. 429,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 1602; 1981, No. 877, § 1; 1983, No. 12, § 1; A.S.A. 1947, § 41-1602; Acts 1995, No. 1173, § 1; 1995, No. 1305, § 2; 1995, No. 1338, § 1; 1997, No. 207, § 1; 1997, No. 878, § 1; 1999, No. 389, § 1; 2003, No. 66, § 1; 2007, No. 827, § 27; 2009, No. 344, § 1; 2009, No. 689, § 1; 2011, No. 1120, § 6; 2011, No. 1168, § 1.\n\n(a) A person commits battery in the second degree if: (1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person; (2) With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm; (3) The person recklessly causes serious physical injury to another person: (A) By means of a deadly weapon; (B) While operating or in actual physical control of a motor vehicle or motorboat if at the time: (i) The person is intoxicated; or (ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or (C) Who is four (4) years of age or younger; or (4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be: (A) (i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty. (ii) As used in this subdivision (a)(4)(A): (a) (1) \"Code enforcement officer\" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) \"Code enforcement officer\" includes a municipal animal control officer; and (b) \"Employee of a correctional facility\" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services; (B) A teacher or other school employee while acting in the course of employment; (C) An individual sixty (60) years of age or older or twelve (12) years of age or younger; (D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty; (E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training: (i) A physician; (ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202 ; (iii) A licensed or certified healthcare professional; or (iv) Any other healthcare provider; or (F) An individual who is incompetent, as defined in § 5-25-101 .\n\n(1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person;\n\n(2) With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm;\n\n(3) The person recklessly causes serious physical injury to another person: (A) By means of a deadly weapon; (B) While operating or in actual physical control of a motor vehicle or motorboat if at the time: (i) The person is intoxicated; or (ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or (C) Who is four (4) years of age or younger; or\n\n(A) By means of a deadly weapon;\n\n(B) While operating or in actual physical control of a motor vehicle or motorboat if at the time: (i) The person is intoxicated; or (ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or\nn § 5-65-204 ; or (C) Who is four (4) years of age or younger; or\n\n(A) By means of a deadly weapon;\n\n(B) While operating or in actual physical control of a motor vehicle or motorboat if at the time: (i) The person is intoxicated; or (ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or\n\n(i) The person is intoxicated; or\n\n(ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or\n\n(C) Who is four (4) years of age or younger; or\n\n(4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be: (A) (i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty. (ii) As used in this subdivision (a)(4)(A): (a) (1) \"Code enforcement officer\" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) \"Code enforcement officer\" includes a municipal animal control officer; and (b) \"Employee of a correctional facility\" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services; (B) A teacher or other school employee while acting in the course of employment; (C) An individual sixty (60) years of age or older or twelve (12) years of age or younger; (D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty; (E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training: (i) A physician; (ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202 ; (iii) A licensed or certified healthcare professional; or (iv) Any other healthcare provider; or (F) An individual who is incompetent, as defined in § 5-25-101 .\n\n(A) (i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty. (ii) As used in this subdivision (a)(4)(A): (a) (1) \"Code enforcement officer\" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) \"Code enforcement officer\" includes a municipal animal control officer; and (b) \"Employee of a correctional facility\" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services;\n\n(i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty.\n\n(ii) As used in this subdivision (a)(4)(A): (a) (1) \"Code enforcement officer\" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) \"Code enforcement officer\" includes a municipal animal control officer; and (b) \"Employee of a correctional facility\" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services;\nance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) \"Code enforcement officer\" includes a municipal animal control officer; and (b) \"Employee of a correctional facility\" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services;\n\n(a) (1) \"Code enforcement officer\" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) \"Code enforcement officer\" includes a municipal animal control officer; and\n\n(1) \"Code enforcement officer\" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation.\n\n(2) \"Code enforcement officer\" includes a municipal animal control officer; and\n\n(b) \"Employee of a correctional facility\" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services;\n\n(B) A teacher or other school employee while acting in the course of employment;\n\n(C) An individual sixty (60) years of age or older or twelve (12) years of age or younger;\n\n(D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty;\n\n(E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training: (i) A physician; (ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202 ; (iii) A licensed or certified healthcare professional; or (iv) Any other healthcare provider; or\n\n(i) A physician;\n\n(ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202 ;\n\n(iii) A licensed or certified healthcare professional; or\n\n(iv) Any other healthcare provider; or\n\n(F) An individual who is incompetent, as defined in § 5-25-101 .\n\n(b) (1) Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C felony. (2) Otherwise, battery in the second degree is a Class D felony.\n\n(1) Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C felony.\n\n(2) Otherwise, battery in the second degree is a Class D felony.\n\n(c) As used in this section, \"motorboat\" means the same as defined in § 5-65-102 .","path":["AR Code","Title 5","Chapter 13","Subchapter 2"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"86a6c84ff898d422ee6269ecd88bd9bec6882aa175fc59d907a079df3999e744","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-13-201","next":"us-ar/ark.-code-ann.-5-13-203"},"notice":"GroundRules: Original legal text. Not legal advice."}
